SECTIONS OF THE INDIANA CODE PERTAINING TO THE GENERAL PROVISIONS OF A POWER OF ATTORNEY
IC 30-5-3-1
Rules of law; interpretation and application; conflict with terms of
power
Sec. 1. The rules of law contained in this article shall be
interpreted and applied to the terms of a power of attorney to
implement the intent of the principal and the purposes of the power
of attorney. If the rules of law conflict with the terms of the power of
attorney, the terms of the power of attorney control unless the rules
of law clearly prohibit or restrict what the terms of the power of
attorney purport to authorize.
As added by P.L.149-1991, SEC.2.
Kyle had a valid power of attorney. The terms of her power of attorney were within the guidelines of the law. That means her power of attorney made Kyle in control of the trust and her mother's person and any guardianship invalid.
IC 30-5-3-2
Validity of power; execution under certain laws
Sec. 2. A power of attorney is valid if the power of attorney was
valid at the time the power of attorney was executed under any of the
following:
(1) This article.
(2) IC 30-2-11.
(3) Common law.
(4) The law of another state or foreign country.
As added by P.L.149-1991, SEC.2.
IC 30-5-3-3
Recording power of attorney
Sec. 3. (a) Except as provided in subsection (b), an attorney in fact
may act under a power of attorney without recording the power of
attorney with the county recorder.
(b) An attorney in fact shall record the power of attorney
authorizing the execution of a document that must be recorded before
presenting the document for recording.
(c) A county recorder may not accept a document for recording if
the document:
(1) was executed; and
(2) is presented;
by an attorney in fact whose power of attorney is unrecorded.
(d) A document creating a power of attorney must comply with
recording requirements, including notary and preparation statements,
to be recorded under this section.
(e) A document that is presented by an attorney in fact for
recording must reference the book and page or instrument number
where the instrument creating the power of attorney is recorded
before the document may be presented by the attorney in fact.
As added by P.L.149-1991, SEC.2.
IC 30-5-3-4
Guardians; nomination; appointment; powers and duties;
amendment or revocation of power; hearing; notice
Sec. 4. (a) A principal may nominate a guardian for consideration
by the court if protective proceedings for the principal's person or
estate are commenced. The court shall make an appointment in
accordance with the principal's most recent nomination in a power of
attorney except for good cause or disqualification.
(b) A guardian does not have power, duty, or liability with respect
to property or personal health care decisions that are subject to a
valid power of attorney. A guardian has no power to revoke or amend
a valid power of attorney unless specifically directed to revoke or
amend the power of attorney by a court order on behalf of the
principal. A court may not enter an order to revoke or amend a power
of attorney without a hearing. Notice of a hearing held under this
section shall be given to the attorney in fact.
As added by P.L.149-1991, SEC.2.
Again, Kyle had a valid power of attorney. The court never revoked that power of attorney.
IC 30-5-3-5
Construction of power and instruction to attorney in fact; petition;
notice of hearing
Sec. 5. Upon petition by an interested person, the court may
construe a power of attorney and instruct the attorney in fact if the
court finds that the principal lacks the capacity to control or revoke
the power of attorney. Notice of a hearing on a petition under this
subsection shall be given as the court directs.
As added by P.L.149-1991, SEC.2.
IC 30-5-10-1
Revocation of power; record
Sec. 1. (a) Except as otherwise stated in the power of attorney, an
executed power of attorney may be revoked only by a written
instrument of revocation that:
(1) identifies the power of attorney revoked; and
(2) is signed by the principal.
(b) A revocation under subsection (a) is not effective unless the
attorney in fact or other person has actual knowledge of the
revocation.
(c) If an executed power of attorney was recorded under
IC 30-5-3-3, the revocation of the power of attorney must:
(1) be recorded; and
(2) reference the book and page or instrument number where the
instrument creating the power of attorney is recorded.
As added by P.L.149-1991, SEC.2.
Kyle's power of attorney was recorded under IC 30-5-3-3. Again, the court never revoked that power of attorney.